7.5.
CC Regular Session
- Meeting Date:
- 08/25/2015
- By:
- Bruce Westby, Engineering/Public Works
Information
Title:
Adopt Resolution #15-08-213 Approving Development Agreement for Riverdale Drive Extension Project.
Purpose/Background:
Purpose:
The purpose of this case is to adopt Resolution #15-08-213 approving Development Agreement between PSG, LLC; 2-OI, LLC; and the City of Ramsey for the Riverdale Drive extension project, Improvement Project #12-22.
Background:
City Improvement Project #12-22 includes the extension of Riverdale Drive between Alpaca and Traprock Streets. The extension of Riverdale Drive includes concrete curb and gutter, bituminous pavement, storm sewer, bituminous pathway, and public utility improvements, which all benefit adjacent undeveloped properties by providing access to streets, utilities, and pedestrian pathways. In recognition of this, a Memorandum of Understanding (MOU) was developed by and between the City of Ramsey and the two property owners of the adjacent undeveloped parcels along the Riverdale Drive extension including Outlot A Tooth Acres, owned by PSG, LLC, and Lot 1, Block 1 The Diamonds, owned by 2-OI, LLC. The intent of the MOU, adopted by the City on May 13th, 2013, and executed in 2014, is to define tentatively agreed upon terms and conditions of the parties to allow definitive legally binding documents to be executed by the parties at a later date, and to provide for the required roadway right of way, trail, drainage and utility easements needed to extend Riverdale Drive through the privately owned parcels. A copy of the executed MOU is attached.
During construction of the Riverdale Drive extension, City staff coordinated applicable improvements with the LLC’s to ensure all terms and conditions of the MOU were properly addressed. Now that the project is substantially complete, the terms and conditions addressed within the MOU must be formalized in definitive legally binding documents. Attached is the legally binding document, a Development Agreement (DA) between PSG LLC, 2-OI LLC, and the City of Ramsey. The DA formalizes and updates the terms and conditions set forth by the parties in the executed MOU. The City Attorney has reviewed and approved the attached DA, as have the LLC’s as witnessed by their signatures on the attached DA.
Earlier, Council was asked to consider approval of a Memorandum of Agreement (MOA) between Anoka County and the City of Ramsey describing the responsibilities of each party required to convey the northerly 1.5 acres of Outlot B Tooth Acres parcel from Anoka County to the City of Ramsey. Per Section 6 of the attached DA, 2-OI, LLC agrees to reimburse the City for the entire cost of the storm sewer improvements completed with the project to allow the stormwater pond on the 1.5 acre parcel to be filled in upon transfer of ownership to 2-OI, LLC. Exhibit 4 of the DA includes the costs to be shared between the City of Ramsey and the two LLC’s in relation to Change Order #2 as approved by Council on March 24th. All cost sharing related to the terms and conditions of the MOU, and hence the DA, are included in Exhibit 4. As shown, the LLC’s are responsible for $166,422.70 of the total cost of the items included in Change Order #2.
The purpose of this case is to adopt Resolution #15-08-213 approving Development Agreement between PSG, LLC; 2-OI, LLC; and the City of Ramsey for the Riverdale Drive extension project, Improvement Project #12-22.
Background:
City Improvement Project #12-22 includes the extension of Riverdale Drive between Alpaca and Traprock Streets. The extension of Riverdale Drive includes concrete curb and gutter, bituminous pavement, storm sewer, bituminous pathway, and public utility improvements, which all benefit adjacent undeveloped properties by providing access to streets, utilities, and pedestrian pathways. In recognition of this, a Memorandum of Understanding (MOU) was developed by and between the City of Ramsey and the two property owners of the adjacent undeveloped parcels along the Riverdale Drive extension including Outlot A Tooth Acres, owned by PSG, LLC, and Lot 1, Block 1 The Diamonds, owned by 2-OI, LLC. The intent of the MOU, adopted by the City on May 13th, 2013, and executed in 2014, is to define tentatively agreed upon terms and conditions of the parties to allow definitive legally binding documents to be executed by the parties at a later date, and to provide for the required roadway right of way, trail, drainage and utility easements needed to extend Riverdale Drive through the privately owned parcels. A copy of the executed MOU is attached.
During construction of the Riverdale Drive extension, City staff coordinated applicable improvements with the LLC’s to ensure all terms and conditions of the MOU were properly addressed. Now that the project is substantially complete, the terms and conditions addressed within the MOU must be formalized in definitive legally binding documents. Attached is the legally binding document, a Development Agreement (DA) between PSG LLC, 2-OI LLC, and the City of Ramsey. The DA formalizes and updates the terms and conditions set forth by the parties in the executed MOU. The City Attorney has reviewed and approved the attached DA, as have the LLC’s as witnessed by their signatures on the attached DA.
Earlier, Council was asked to consider approval of a Memorandum of Agreement (MOA) between Anoka County and the City of Ramsey describing the responsibilities of each party required to convey the northerly 1.5 acres of Outlot B Tooth Acres parcel from Anoka County to the City of Ramsey. Per Section 6 of the attached DA, 2-OI, LLC agrees to reimburse the City for the entire cost of the storm sewer improvements completed with the project to allow the stormwater pond on the 1.5 acre parcel to be filled in upon transfer of ownership to 2-OI, LLC. Exhibit 4 of the DA includes the costs to be shared between the City of Ramsey and the two LLC’s in relation to Change Order #2 as approved by Council on March 24th. All cost sharing related to the terms and conditions of the MOU, and hence the DA, are included in Exhibit 4. As shown, the LLC’s are responsible for $166,422.70 of the total cost of the items included in Change Order #2.
Notification:
No notifications are required for this case.
Observations/Alternatives:
Alternative #1 - Motion to adopt Resolution #15-08-213 approving Development Agreement between PSG LLC, 2-OI LLC, and the City of Ramsey for the Riverdale Drive extension project, Improvement Project #12-22.
Alternative #2 - Motion denying adoption of Resolution #15-08-213 at this time.
Alternative #2 - Motion denying adoption of Resolution #15-08-213 at this time.
Funding Source:
Approving the Development Agreement will allow the City to recover $166,422.70 from the LLC’s for costs associated with previously approved Change Order #2. The Development Agreement does not provide for the collection of special assessments from the LLC’s for any of the improvements.
Recommendation:
Staff recommends adopting alternative #1. This alternative supports the terms and conditions of the previously adopted MOU and will allow the City to recover $166,422.70 of funds expended to extend Riverdale Drive to Traprock Street.
Staff does not support alternative #2. This alternative opposes the terms and conditions of the previously adopted MOU and could result in the City not recovering $166,422.70 in funds expended to extend Riverdale Drive to Traprock Street.
Staff does not support alternative #2. This alternative opposes the terms and conditions of the previously adopted MOU and could result in the City not recovering $166,422.70 in funds expended to extend Riverdale Drive to Traprock Street.
Action:
Motion approving or denying adoption of Resolution #15-08-213.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kurt Ulrich | Kurt Ulrich | 08/20/2015 03:48 PM |
- Form Started By:
- Bruce Westby
- Started On:
- 10/06/2014 09:10 AM
- Final Approval Date:
- 08/20/2015